Montes

This is an appeal from a judgment of conviction after the appellant was found guilty of grand theft from the person and the further finding that he previously had been convicted of an escape, a felony.

On June 16, 1958, in an information filed in Los Angeles County, the appellant, Chavez and the defendant Montes were charged with violating the provisions of section 487, subd. (2), Penal Code (grand theft from the person). A prior conviction of the appellant was also alleged in the information. The codefendant, Montes, was also charged in a second count with violating the provisions of section 11500, Health and Safety Code (possessing heroin).

Chavez pleaded not guilty on June 18, 1958. There appears to be nothing in the minutes or in the court reporter’s notes with reference to the matter of the alleged prior conviction excepting the supposed findings of the judge who sentenced Chavez and to which reference will later be made.

*258 Chavez waived a jury trial and it was stipulated that the cause be submitted on the transcript of the preliminary hearing. Each side reserved the right to introduce additional evidence and each side did introduce such evidence at the trial. Chavez…